Man arrested for having gun at rally

[fedguy889]

Wow, I know open carry is legal here and all, but this guy has some balls!!

http://www.timesonline.com/articles/...2890214530.txt

[CityTrashman]

Wow, I know open carry is legal here and all, but this guy has some balls!!

http://www.timesonline.com/articles/...2890214530.txt

I smell lawsuit.....And I hope this guy wins too.. D/C is a B/S charge and you will see it throw out. Then comes the $$$$$$$$.

[fedguy889]

I smell lawsuit.....And I hope this guy wins too.. D/C is a B/S charge and you will see it throw out. Then comes the $$$$$$$$.

Agreed and here is the latest:

http://www.post-gazette.com/pg/08243/908351-100.stm

[tp2165]

The DC charges may very well have stemmed from something other than merely his open carry, which is completely legal. IF you believe the article than I would be interested in knowing why the deputies placed him under arrest for legally carrying a firearm.

[CityTrashman]

The DC charges may very well have stemmed from something other than merely his open carry, which is completely legal. IF you believe the article than I would be interested in knowing why the deputies placed him under arrest for legally carrying a firearm.

One reason....The Deputies have no clue what the Pa Law says about carrying a firearm Not concealed. He was carrying it a secure holster. I found this.

1) Is open carry legal in PA?

Answer: Yes, with some restrictions.

Anyone whom can legally own a firearm in the commonwealth can openly carry, on foot, with the exception of court facilities, federal buildings, motor vehicles and cities of the first class (Philadelphia)
Those person possessing a valid License to Carry Firearms are also permitted to carry openly (or concealed) while in a vehicle and in cities of the first class.

[rubyrose]

I don't know what law, if any, would apply, but it seems to me there's a difference here, in that he is carrying it in the vicinity of a presidential candidate.

Wouldn't anyone carrying a gun anywhere near Pres. Bush be arrested?

[CityTrashman]

http://www.paopencarry.org/ocqa.html#4

I found this on PA carrying handguns.

[CityTrashman]

I don't know what law, if any, would apply, but it seems to me there's a difference here, in that he is carrying it in the vicinity of a presidential candidate.

Wouldn't anyone carrying a gun anywhere near Pres. Bush be arrested?

I think they would be removed from that area in which the presidential candidate were to speak. But he has broken no laws.

[rubyrose]

The presumption, however, would be that he was there with the gun for the purpose of assassination.

I can't imagine SOME charge not being brought. What, I don't know, but I can't see anyone getting away with having a gun in the vicinity of the president other than those whose job it is to protect him.

I think they would be removed from that area in which the presidential candidate were to speak. But he has broken no laws.

[CityTrashman]

The presumption, however, would be that he was there with the gun for the purpose of assassination.

I can't imagine SOME charge not being brought. What, I don't know, but I can't see anyone getting away with having a gun in the vicinity of the president other than those whose job it is to protect him.

Time will tell.......Is there any Fed. Laws on this matter ??

[Iraqivet]

This is such BS. Friggin politics man! Held him for hours for questioning? For what? Confirm his License to Carry and that should be the end of it.

I have a license to carry and I was harrassed for carrying before. I was near University of PA, walking past a bar and I University of PA "public safety" officer threw me against the wall and took my gun off my hip. My gun was concealed, under my shirt, and secured in a holster. An hour and a half later after confirming I was legal... he finally gave my gun back and sent me on my way. I still have no clue why I was approached. He wouldn't answer me when I questioned him about it. Obviously he saw a bulge on my hip and assumed I was illegal. But keep in mind it's a Glock 19 with a holster that sits tight against my body.

Oh well, I hope this guy gets paid.

[rubyrose]

I've been at many demonstrations protesting Bush. I don't even want to imagine what would have happened to me if I had openly carried a gun to one of those. Heck, the SS were all over (we could tell who they were because of those wires coming out of their ears...someone should figure something out about that).

Not that I would ever do such a thing. I don't even own one.

But I mean really, 2nd amendment notwithstanding, it sounds to me like this guy just wanted to provoke an arrest so he could use it to make some kind of point.

I notice he wasn't arrested for the gun; he was arrested for disorderly conduct.

Here is NYS law on disorderly conduct:

PL 240.20 Disorderly conduct: A person is guilty of disorderly conduct when with intent to cause <b> public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:</b>

1. He engages in fighting or in violent, tumultuous or threatening behavior; or

2. He makes unreasonable noise; or

3. In a public place, he uses abusive or obscene language or makes an obscene gesture; or

4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or

5. He obstructs vehicular or pedestrian traffic; or

6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.



The charge will probably be dismissed. Most protestors get out of THEIR disorderly conduct charges, so I can't see how he wouldn't.

As far as I'm concerned it was a stupid thing to do. Well, smart because it got the attention that he wanted. But stupid in my book.

[tp2165]

I found this.

1) Is open carry legal in PA?

Answer: Yes, with some restrictions.

Anyone whom can legally own a firearm in the commonwealth can openly carry, on foot, with the exception of court facilities, federal buildings, motor vehicles and cities of the first class (Philadelphia)
Those person possessing a valid License to Carry Firearms are also permitted to carry openly (or concealed) while in a vehicle and in cities of the first class.

Nothing new here, all police officers in PA should already know this, besides it's right in the crimes code.

Iraqivet- This is such BS. Friggin politics man! Held him for hours for questioning? For what? Confirm his License to Carry and that should be the end of it.

He didn't need a license in this instance. Bigger picture, presidential candidate rally with multiple agencies involved. His detention was to prove or disprove criminal activity afoot, and more than likely he was interviewed by multiple agencies, i.e.Secret Service. HE placed himself in this situation do to a lack of common sense.

Iraqivet- I have a license to carry and I was harrassed for carrying before. I was near University of PA, walking past a bar and I University of PA "public safety" officer threw me against the wall and took my gun off my hip. My gun was concealed, under my shirt, and secured in a holster. An hour and a half later after confirming I was legal... he finally gave my gun back and sent me on my way. I still have no clue why I was approached. He wouldn't answer me when I questioned him about it. Obviously he saw a bulge on my hip and assumed I was illegal. But keep in mind it's a Glock 19 with a holster that sits tight against my body.

It's funny how two or more people see things so differently

[fedguy889]

just found this article:

Man says he had right to carry gun to rally

By Bill Vidonic, Times Staff

Published: Saturday, August 30, 2008 11:31 PM EDT
INDUSTRY — An Industry man insisted Saturday there’s nothing in the law that prevented him from wearing a loaded handgun to Friday’s presidential election rally in Beaver.

“I have it for protection, to protect my wife and my children,” said John A. Noble, 50. “I never gave it a thought. I wasn’t doing anything illegal,”

Noble, a horse and cattle fence builder, said he was simply standing with others at the rally, a Bible in one hand, and an apple in the other.

But it was the Glock 19 handgun holstered at his side that drew the attention of local and federal law enforcement. State police said just wearing the gun disrupted the event.

Noble said he had a handful of fliers that he wanted to pass out, spelling out gun rights.

Those fliers list Noble’s basic argument, citing a Pennsylvania statute that says a person may “openly carry a handgun in plain sight with no license.” Exceptions include in vehicles, in Philadelphia, and convicted felons.

To carry a concealed handgun, a person must have a state license to carry firearms.

Noble said he didn’t have a ticket to the rally, and he was standing with his wife, Janet, in McIntosh Park. While that area was fenced in, spectators did not have to pass through metal detectors to get into that area, as they did in Irvine Park.

In a news release, state police Trooper Shawn L. Schexnaildre wrote that Noble “breached the secured perimeter of a presidential candidate political rally with a handgun fully loaded, operational, holstered and exposed.”

Bystanders alerted police, and deputy sheriffs, Beaver police, state police and Secret Service agents took him into custody.

“(Noble’s) actions created a clear public alarm and caused a significant breakdown in the security measures at the rally” with officers abandoning their posts “to ensure his quick and safe apprehension and disarming.”

Friday, deputies and state police said that Noble never tried to draw his weapon and did not threaten anyone with it. Noble’s arrest took place more than an hour before Obama and Biden arrived in Beaver.

Noble never did hear Obama, as he was in state police custody until his release, and his firearm, which Noble said he has a permit for, was confiscated.

When questioned as to the wisdom of wearing a firearm to a rally with metal detectors, Secret Service agents, and dozens of local law enforcement, Noble replied, “His (Obama’s) rights do not trump mine.” He added he’s worn the gun in public for several years without incident.

Noble says he has an attorney, but said he’ll wait and see what charges he might face before deciding what course of action he’d take.

In the news release, Schexnaildre described the nature of the incident as disorderly conduct, and wrote that Noble faces misdemeanor grade charges that will be filed by state police; no federal charges have been filed.

Noble said his only previous criminal offense was “a speeding ticket while driving a church bus.”

“If it was that serious of an offense (Friday), I would be in jail,” Noble said.

Bill Vidonic can be reached online at [email protected].

[timtim]

You go to see a Presidential Candidate speak
1) you will have a secure area, a check point so to speak
2) After that check point is where Weapons should be secure
3) Before the check point no, but common sense would tell you not to have a weapon in the vicinity
4)However, I believe its misjustice at this point from what I read but still.

Now this is debatable,
Deputies told him he was under arrest not detained
If he was not found in violation of any law he could win a suite

Deputy Sheriffs in PA asisst Law Enforcement in PA but are not the Law, They only have arrest authority with a warrant in hand. (this is debatable)These guys may have a problem very shortly if he gets a lawyer.